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BEVERLY HILLS CALIFORNIA REAL ESTATE LAW

Real Estate Lawyers here to help!

Real estate issues require serious support from an experienced attorney whoprovide the protection of their rights and resolve your issue. In the legal sheet we can put you in touch with an attorney who can see your case, resolve any complex problem and get the justice they truly deserve. Whether of law or lessee of real estate, legal sheet that can lead to a real estate attorney rather quickly.

Real Estate Lawyers here to help!

Real estate issues require serious support from an experienced attorney whoprovide the protection of their rights and resolve your issue. In the legal sheet we can put you in touch with an attorney who can see your case, resolve any complex problem and get the justice they truly deserve. Whether of law or lessee of real estate, legal sheet that can lead to a real estate attorney rather quickly.

Real estate

real estate law is dedicated to their property rights and ownership of land and buildings connected to earth. RESTATE estate law is often referred to as the law of real estate, to distinguish it from the law of personal property, which includes all other properties. This can be a stumbling block for many consumers entering the real estate market is terms of numbers or unfamiliar frequently used by real estate professionals. Due to the fact that real estate is one of the oldest areas of the law, which uses many terms and old concepts, but many rights and responsibilities in relation to real estate has evolved and updated as society has changed.

Assessment

A lien is an obligation that is connected to a piece of real estate. It is a right or interest held by a party who is not the owner of the property. A nuisance is not an ownership interest in real estate, but it creates a kind of obligation on the part of the owner. A hindrance attributed to the property, not the owner of the property, so the property can be bought and sold even though it is an adjunct hindrance. There are different types of taxes.

Comfort

An easement is the right to use the land of another person for a particular purpose. There are many forms of servitude. Utility companies often have utility easements that allow them to function in gas, water or power lines through the property of others. The owner of a property near a lake could buy the property owner shore of Lake an easement to cross their property to access the lake. A person who owns the property that is landlocked can receive a right of an owner of land adjacent to access inside and outside the property. This is known as a right of passage.

Restriction of writing

Deed restrictions may also be known as covenants, conditions or restrictions. Deed restrictions, which are usually included in the facts of the seller to the buyer, usually imposed to maintain certain standards. Restrictions may limit the color can paint the house, the type of trees can be planted, or the size of the house, one can build on the property.

Lien

A lien is a charge against the property that provides security for a debt or obligation of the property owner. The lien does not own the property. Some taxes are voluntary, such as when the owner of the property has a mortgage. Other charges may be imposed. For example, a lien may be imposed on the property for nonpayment of taxes. One of the most common privileges is the right of mechanical retention. A right arises mechanical retention when someone provides labor or materials to improve a property, but not paid. The worker or supplier may file a notice of lien with the county recorder and the owner of the property and collect the amount owed from a subsequent sale of the property.

Evaluation

An evaluation is a value assigned to the property of a local tax authority for the purpose of tax collection. Real estate taxes are calculated by multiplying the assessed value of a property tax rate. Most properties are reviewed periodically and the appraised value of a property can not be the same as its actual market value. A special assessment is a property tax to pay for improvements that benefit private property, such as streets, sidewalks and street lighting. Special fees are liens on the property until they are paid.

Real Estate Property

In most cases, a real property includes the right to sell (transmit) the right to use the property as collateral for loans (tax), the right to improve the land or buildings on earth, and the right to use and own property. The property can be owned by one or more people. The two common ways in which two or more parties can co-owner of a parcel of property are jointly owned and tenancy in common. Husbands and wives can also own property community.

Joint Tenancy

Although joint tenancy is a popular way for a husband and wife to property, there is no requirement that the co – owners being married or are only two co – owners. Joint owners have equal ownership interest in the property and have the right to sell, encumber, and possess the entire property. When a co – owner dies, the remaining co – owners automatically take the share of the deceased co – owner of the property by right of survivorship. The surviving co – owners are required to submit a death certificate and an affidavit with the county recorder. Joint tenancy allows surviving joint tenants to avoid inheritance taxes, transfer and death.

Tenants in common

Tenants in common, as joint tenants share the right to possess, sell, and property tax. Unlike the co – owners, however, tenants in common do not have a right of survivorship. On the death of one of the tenants in common, their ownership interest passes to his heirs as part of the estate.

Community property

In some states, a husband and wife can have property together as joint tenants or tenants in common, or property may be owned by the community. No two of these forms of ownership can exist at the same time. A married couple can also own property separately. Generally, all property acquired during marriage and located in California is owned by the community. A leasehold interest is not considered community property or property owned by either spouse before marriage or property acquired by either spouse during marriage by gift or inheritance. Subject to certain exceptions and limitations, either spouse has the power to manage and control their community property, and each spouse can devise their participation in half the community property by will. Revenues and profits separately owned, remain in the separation of property.

There are advantages and disadvantages of having a co-ownership. Although there are advantages to co-own property, there are disadvantages as well.

If the co-owners can not agree on the use, sale or possession of a piece of property, you may have to go to court to resolve the issue in an action for partition.

A partition of a tenant or tenant in common joint action asks the court to divide the property in a fair and equitable manner.

real estate can be difficult to split and partial interests may be difficult to sell, so a court will usually order that the property be sold and the proceeds of sale distributed to the investors in relation to their interests.

Residential Real Estate

When consumers are involved in a real estate transaction, the most common operation is selling the house. Unlike previous years, today a homebuyer has a variety of options to decide the type of property to buy. Most home buyers are particularly family houses. To occupy a single family home, offering maximum freedom and privacy to its owners, but can also be the most expensive option and require more maintenance.

Condominiums and townhouses on the other side are an option for some buyers. These two owners hold many advantages, such as tax deductibility of mortgage interest, without some of the responsibilities that some people think are disadvantages, such as lawn care and exterior maintenance. Residents typically pay membership fees to cover maintenance.

Title

Real estate domain indicates ownership of the property. The title may refer to real property or documentary evidence that property. The title is what gives the owner the right to property. When selling a property, all securities must be clarified. In most cases, this is established through a title search. Title Search gives you a diligent record in relation to the property, in order to distinguish whether the holder is authorized to sell the property, and if there are any claims or liens against it. If there is a defect in the case discovered during a title search, the seller usually has time to remedy the defect.

Usually, people have title insurance to protect against hidden defects in the title. There are two types of title insurance. One type protects the lender’s interest in the property and the other in the best interest of the homeowner.

Wanderings

A deed is a written instrument that transfers title from one person to another. It is vital writing indicates that it is giving the property, which is granted, and what is the property along with the words transport means. A quitclaim deed is a special type of subsidy waiving any interest that the seller may have on the property to the buyer. If indeed the seller is the sole owner of the property, the quitclaim deed is sufficient to transfer the title, but the buyer takes a risk in accepting a quitclaim deed, because it gives the buyer no guarantee that the title is valid. A quitclaim deed does not lead to the assumption that the full title is meant to be overcome.

Recording

Based on some states, real estate records are maintained in each county. The owners and other parties with real estate interests submit all documents affecting their interest in the property in order to give public notice of the interest. The documents were filed in the county where the property is located. Before documents relating to immovable property may occur, certain information must be provided and usually a fee is required. California securities are registered under the abstract system. A summary of the title is a record of all entries of interest for that property.

Buying or selling a home

In some states there are programs to help people buy homes, home ownership is a possibility for people at all income levels. Buying a home can be both rewarding and stressful time. Each buying a home involves a number of complex legal issues, unfamiliar terminology, and a lot of paperwork. Knowing how the process works can reduce many potential headaches in the process.

Realtors

The first decisions for someone interested in buying or selling a home is the possibility of using the services of a real estate agent. Real estate agents are hired primarily to help buyers and sellers meet in order to complete the sale transaction. Buyers and sellers can choose to work with an exclusive or non – exclusive agent in its discretion.

An individual or a family who decides to work with an agent will sign several contracts to clarify the relationship between the person and the agent. These contracts can include provisions on dual agency. This term refers to the arrangement in which an agent represents both the buyer and the seller of the house. It can be difficult for an agent to represent both a buyer and a seller fairly. Indeed, an agent finds a buyer for a house that the agency has listed, double-agent loyalty become evident. The seller wants the highest possible price, while the buyer wants to pay the lowest price. The contracts provide what the agent can share with the other party and what information must remain confidential.

seller disclosures. In the event a seller signs a purchase contract standard, this individual is required to disclose certain known problems and risks for the buyer. In many cases, the vendor must provide the buyer with a real estate Disclosure Statement (RETDS) transfer, which describes the information in the purchase agreement. This statement should recognize all known structural defects in the house as well as problems with or information about heating, plumbing, mechanical and electrical systems. In addition, the seller must also include possible problems of which he or she is conscious, as easements, environmental risks, weirs, flood zoning violations or noise problems. It is also the duty of the seller’s agent to conduct a visual inspection of the house and report all facts materially affecting the value or desirability of the property. In these disclosures, while required, they are not part of the contract between buyer and seller and are not guarantees by the seller. The fact that the problems lie in this statement does not mean that the seller must repair the problems, but the buyer can request repairs or a price differential due to problems.

In the matter of selling a condominium in some states, the seller must give the buyer copies of the articles of association of owners, financial statements and other documents. The seller is also obliged to disclose all outstanding contributions.

Giving an offer

Once a buyer has found the house he or she wants to buy, the buyer makes a deposit called earnest money. This deposit will go towards the down payment of the house if the seller accepts the offer. The tank must then be submitted with an offer in writing on a form called the Purchase Agreement and Receipt real strong, usually referring to a warehouse receipt is made. Upon acceptance by the seller, the deposit receipt becomes a binding contract.

Therefore, diligent attention should be executed to ensure that the deposit slip contains all important terms of the sale, such as the exact purchase price, the deposit amount, and all the conditions that allow the buyer to exit contract. For example, a buyer may want the option to cancel the contract if he or she can not get a loan or if the inspection reveals substantial problems. If a buyer makes an offer before receiving the disclosure statement of the seller, the buyer may be able to cancel the contract to act quickly. An offer may be revoked at any time before it is accepted by the seller.

Inspections

When buying a property, it is vital to have the property inspected to see if there are concerns. Often, buyers pay for an inspection of the general house of structural defects, pest inspection to see if the house was infested with termites or other pests and asbestos inspection. Buyers think this is a good investment before buying the house, even if the inspections reveal any defects.

Mortgage’s trial

It is no dream body when in the process of buying a home want to think about the possibility of falling behind on house payments, to the extent that the bank or mortgage company foreclose on the loan, and claim possession of the house. However, it is suitable for a consumer to understand why a lender forecloses on a piece of property, so the consumer can minimize the possibility of losing a home.

After a degree, a lender usually work with an owner who is behind on payments due to the fact that the lender wants to not go through the hassle and cost of foreclosing on a property. Owners should contact your creditors as soon as financial difficulties to pay the mortgage difficult to emerge. It can take months for a lender to initiate foreclosure, and more months before it is completed, so usually no time to get the money needed to secure a lender that there will be a defect. After a lender begins the foreclosure process,

* See also   Foreclosure Lawyers

Landlord-Tenant

Under some state laws, provided the owner (lessor) of a house, apartment, room, or any other living space promises to let someone else (tenant) use the space for a fee, both parties enter in a legally binding lease. General principles of contract are discussed in chapter Contract Law. Rental contracts are a special class of contracts governed by many unique rules. In this section the law applicable to rental contracts is analyzed.

Rental agreements

A rental agreement may be oral or written, but if the agreement is for more than one year must generally be in writing. Generally, there are two types of agreements and lease management agreements month. Otherwise, unless your specified in writing, a lease is presumed to be from month to month. A lease is a lease for a defined period of time (usually a year), unlike rent from month to month, which continues until the landlord asks the tenant to leave or tenant decides to move. If the tenant pays the monthly rent, the tenant must give the landlord a written notice 30 days before moving. A landlord wants the tenant to leave or want to increase the rent must also give the tenant written notice 30 days before starting another action. written notice may vary from state to state.

Security deposits.

An owner has the right to insist that tenants pay a security deposit before starting to move. The security deposit is used to pay for any damage beyond normal wear and tear that the tenant could make the rental property, or for any debts between the tenant and the landlord satisfactory. The deposit can not be used by the tenant to pay the rent. There is a limit of deposit amount based on the state you live in . For example, California law puts a limit on the amount of a deposit that a landlord can charge. The total of all deposits can not add more than the cost of two months’ rent for an unfurnished apartment or three months rent for a furnished apartment.

At the conclusion of the expiry of the lease, the landlord must return the deposit to the tenant within two weeks. However, the owner is allowed to keep the amount necessary to repair any damage done on the property, or to pay debts owed to the lessor under the lease. If the owner can not return all or part of the security deposit, he or she must give the tenant, within two weeks after the lease is terminated and the tenant has given the landlord a forwarding address, an explanation written by What is being withheld money.

Repair

Rental owners are required to maintain the property in a reasonable repair. This requirement can not be waived by the parties, but the tenant can agree to make repairs or maintenance if the agreement is in writing and the tenant receives compensation in return. For example, a tenant may agree to make routine plumbing repairs in exchange for a reduction in rent or payment from the owner. If the parties have not agreed the tenant will do repairs, repairs remain the responsibility of the owner. If something needs repair, the tenant required by law to notify the owner and give the landlord a reasonable opportunity to make repairs or have them made. If the landlord refuses to make repairs, the tenant has several options. If the victim of these options, call to speak with a lawyer real estate experience today.

Call an inspector

The tenant can call the health, fire, or energy inspectors to investigate whether there is a violation of the code of the unit. If an inspector finds a violation of the code, the inspector gives the owner a written notice to correct the problem within 60 days. If the owner makes no improvement within 60 days, the tenant may take legal action owner. Often the report of an inspector of a code violation is enough to convince a landlord to correct the problems. The law prohibits landlords trying to evict tenants in retaliation for calling an inspector. In addition, the chart control can be provided a credit when a homeowner demand.

Repair and deduct

When in oral or written notice was given to Mr. reasonable land, the tenant can fix the problem in the rental property if the cost of such repair is not renting more than one month. The cost of the repair can be deducted from income in the month immediately after making repairs. This resource is not available for a tenant more than twice in a period of 12 months.

Vacate

In the case of a rental unit it is no longer habitable, the tenant may vacate the premises, in which case the tenant is discharged from further payment of rent and performing such other conditions as the date of vacating the premises. To be considered uninhabitable, the problem must be substantial, such as a lack of heating, lighting or plumbing.

Rent strike

If none of this works for the owner to solve a problem, all tenants of a building might consider holding a rent strike. The states may vary. For example. in California, rent strikes are legal only under certain conditions. Before considering such a course of action, it would be advisable to consult an experienced real estate attorney for your legal options.

Eviction

In no event or circumstance may lessor forcibly remove a tenant rental. In order to get a tenant of a rental unit, the landlord must start an unlawful detainer action against the tenant, either in the court of claims or municipal court. Most law suits eviction was filed in municipal court due to the fact that lawyers are not permitted to represent parties in court claims. There are legitimate to provide an unlawful detainer action reasons, these include non-payment, breach of a lease, or refusal to leave a unit after the lease expires. If the case of a lease is governed by a lease, the landlord must give the tenant a written notice three days to move before suing to evict the tenant. If the lease is month to month,

To start unlawful detainer action, the owner has a verified complaint against the tenant in court and have someone give the tenant a summons.
The owner can not personally serve the subpoena. In that case, the tenant has five days, including weekends, to answer the complaint. When the owner sues in municipal court, the tenant must respond to the complaint in writing. The law varies by state, for example, the California courts should give unlawful detainer actions priority over other civil actions to be dealt with and resolved quickly. A test then be performed within 20 days after a request to set the time of the test, unless all parties agree on an extension. At the hearing, each party has the opportunity to present their version of the facts and the judge issues an opinion. If the judge determines the tenant has no legal reason for refusing to leave the property, the judge orders the tenant to leave. If the tenant does not show up to court on time,

The compliance officer may then serves and records a copy of a court order of restitution in the premises, and the tenant must vacate the property within five days or forcibly removed from the premises. Any personal property left on the premises will be sold or otherwise disposed of unless the tenant pays the landlord for the reasonable cost of storage and retrieve personal property no later than 15 days after the premises are restored to the owner.

Right tenants

Tenants can benefit from a number of rights, although in the case, if the rights are not specified in the lease. The tenant is entitled to quiet enjoyment of the premises, which means that the owner can not interfere unlawfully or unreasonably in life tenant form, simply because the owner owns the property. Tenants have the right to use the leased premises in any form, provided it is legal. If you think your being raped by her any interference by the owner, its prudent to talk to our lawyers real estate experience.

Privacy

Generally speaking, the landlord may enter the tenant’s unit only in case of emergency, to make necessary or agreed repairs, alterations or improvements, or to show the unit to prospective clients or buyers. Except in an emergency, or when the tenant has abandoned the property, the entrance can be done only during normal business hours, unless the tenant agrees otherwise. Unless it is practical to do so, the owner must also give the tenant reasonable notice (usually 24 hours to 48 hours based on the laws of your state) of intent to enter.

Access

Tenants have the right to access the property they rent. A landlord who wants a tenant to move can not legally block the tenant or remove the tenant ‘s belongings. The owner can not legally turn off the utilities to try to force the tenant out. If the owner does any of these things, the tenant can sue the landlord for actual damages. Know your right and contact us to see a real estate attorney can help you with your right.

Sublease

Subletting is to have the luxury of someone else to take over the rights and obligations of the lessee under a lease before the expiry of the original lease. The tenant has the right to sublet a unit if the contract is not prohibited from doing so. If the new tenant does not pay rent, damages the unit leaves before the lease expires, or breaches other conditions of the lease, the landlord can place the original tenant responsible. The original tenant, then you can sue the new tenant of expenses and damages incurred.

Rent control

Some communities in California have rent control laws. These laws give tenants some protection against rent increases, which dictates when and how much rent can be raised.

Public utility Rule

A utility company regulated by law is prohibited turn off electric, gas, heat or water service delivery, either rented or owner – occupied, without providing written notice at least ten days first. Besides that, you are not allowed a break of these services:

During the pendency of the investigation of a customer complaint or dispute,

When a client has been granted an extension for payment of an invoice, or in a medical certification that this would endanger the life of the customer and the customer it is financially unable to pay the bill within normal payment.

In addition, any client that initiates a complaint or request an investigation within five days of a disputed bill or has, prior to the termination of the service, made an application for extension of payment period, you should be given the opportunity to review with the utility. The utility then can consider amortize the customer invoice for up to 12 months.

Discrimination in housing

Federal and state laws prohibit home sellers and landlords to discriminate on grounds of race, color, religion, sex, marital status, national origin, ancestry, marital status or disability. discrimination is prohibited by other arbitrary reasons such as sexual orientation or political affiliation also. Landlords can not discriminate against people with children unless the building is intended to provide housing for the elderly. To qualify as a building for the elderly, the building must meet additional requirements, such as operating under state or federal program specifically designed to help facilities or significant services elderly or offering designed to meet the needs of the elderly.

Any complaint of housing discrimination should be filed with the Department of Fair Employment and Housing within a year of discrimination, or alternatively, a person can sue in their own name within two years

Free attorney consultation

is a benefit to know your right and see what works best practice. Do not wait! The longer you wait the more complex the problem may be. Call and connect with our lawyers experience in real estate   (310) 597 2998.